Invoking Direct Application and Effect of International Treaties by the European Court of Justice: Implications for International Environmental Law in the European Union

Simon Marsden

    Research output: Contribution to journalArticlepeer-review

    15 Citations (Scopus)

    Abstract

    This article analyses the contribution made to the effective implementation of international environmental law in the EU by the ECJ invoking direct application and effect of international treaties. It considers the requirements of these doctrines in international law, distinguishing them from related doctrines in EU law. It reviews jurisprudence and literature and evaluates future potential. Implications for direct application and effect from the EU doctrine of primacy and for the principle of effective judicial protection are examined, and alternatives to full transposition, implementation and enforcement explored, including non-compliance procedures.

    Original languageEnglish
    Pages (from-to)737-757
    Number of pages21
    JournalInternational and Comparative Law Quarterly
    Volume60
    Issue number3
    DOIs
    Publication statusPublished - Jul 2011

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